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Investment Arbitration and Climate Change

Investment Arbitration and Climate Change

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789403542072
  • Published In: December 2023
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

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  • Description 
  • Contents 
  • Details

    About this book:

    Investment Arbitration and Climate Change is a comprehensive elaboration wherein stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors. At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered liability claims under the investor-protection provisions of bilateral and multilateral investment treaties.

     

    What’s in this book:

    Every contribution of this book furnishes a penetrating perspective on this complex matter, elucidating the following aspects:

     

    • investment disputes arising from States’ climate measures or actions;
    •  whether and how states can file counterclaims against investors in such disputes;
    • the appropriate role for climate science at various stages of arbitration; 
    • how to assess damages in cases involving fossil assets left stranded by the climate transition; and
    • whether existing international investment law supports or hinders the global energy transition, on balance.

     

    How this will help you:

    Along the way, arbitrators and other practitioners will gain insight into how to argue, defend, and assess climate-related investment disputes using investment-treaty case law and international climate agreements, human rights law, and environmental law. Policymakers are shown ways to design and implement climate policy and investment treaties to avoid claims by foreign investors.

     

    For policymakers, treaty and contract negotiators, dispute resolution lawyers, and international organizations, no other resource provides such incisive discussion of balancing treaty-based investment protection against states’ inherent duty to regulate in the public interest.

  • Editors

    Contributors

    Foreword

    Introduction

    Anja Ipp & Annette Magnusson

    PART I

    Types of Disputes

    CHAPTER 1

    Types of State Action Leading to Climate-Related Investor Claims

    Beata Gessel-Kalinowska vel Kalisz, Maja Frontczak & Piotr Paprota

    CHAPTER 2

    Carbon Markets, Emissions Trading, and Investor-State Disputes

    Marisa Martin & Paul Barker

    CHAPTER 3

    International Commercial Arbitration and Investment Agreements Involving States

    Wendy Miles KC

    PART II

    Procedural Issues

    CHAPTER 4

    Climate Science: A Role to Play at Every Stage of Investment Arbitration?

    Caline Mouawad & Gretta Walters

    CHAPTER 5

    Climate-Related Counterclaims in International Investment Arbitration

    Maxi Scherer & Clara Reichenbach

    CHAPTER 6

    Valuation of Compensation in Fossil Fuel Phase-Out Disputes

    Oliver Hailes

    PART III

    States’ Right to Regulate

    CHAPTER 7

    Regulating for Climate Change Without Breaching Investment Treaties

    Manish Aggarwal & Ridhi Kabra

    CHAPTER 8

    Investor-State Disputes, the Climate Emergency, and the Duty to Regulate Fossil Fuels: A Human Rights Perspective

    Helionor de Anzizu & Nikki Reisch

    CHAPTER 9

    Reconciling Human Rights and Investor Rights: The Case of Climate Change

    Suzanne Spears

    PART IV

    Investment Treaties and Energy Transition

    CHAPTER 10

    The Energy Charter Treaty: A Friend or Foe of Decarbonisation?

    Patrick W. Pearsall, David Ingle & Gary Smadja

    CHAPTER 11

    The Role and Relevance of Investment Treaties in Promoting Renewable Energy Investments

    Ladan Mehranvar & Lisa Sachs

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